How is property divided in a Wisconsin divorce?

Wisconsin generally begins with a presumption that divisible marital property should be divided equally between the spouses. The court may deviate from an equal division after considering the statutory factors, but equal division is the starting point rather than a guarantee that every individual asset will literally be split in half.

The court first determines what property belongs in the marital estate and what property may be excluded. Property acquired by gift from a third person, by inheritance, or with funds traceable to certain gifted or inherited property may be excluded from division, subject to statutory exceptions and tracing issues. The characterization of an asset can become complicated when separate property has been mixed with marital property or changed form over time.

Property division can include the marital residence, bank and investment accounts, retirement benefits, business interests, vehicles, personal property, and debts. A court may award particular assets to one spouse and offset their value with other property rather than ordering every asset sold or physically divided.

When deciding whether to depart from equal division, the court may consider factors such as the length of the marriage, property brought to the marriage, contributions to education or earning capacity, age and health, earning capacity, tax consequences, and other circumstances identified by statute.

Primary Wisconsin authorities: Wis. Stat. § 767.61.